Mastrorilli v. Comm’r of Soc. Sec. (M.D. Fla. Apr. 26, 2016) (Magistrate Judge Thomas G. Wilson)

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Mastrorilli v. Colvin., Case No. 8:15-CV-1466-T-27TGW (M.D. Fla. Apr. 7, 2016) (Adopting Report and Recommendation of by Magistrate Thomas G. Wilson dated April 7, 2016)
Included:   Response to Motion to Dismiss; Planitiff’s Response to Defendant’s Reply, Report and Recommendation, and Remand Order
Issues Briefed:
1) Whether the dismissal of the Plaintiff’s hearing request on the basis of res judicata is an administrative decision for which judicial review is authorized under § 405(g).
2) Whether Plaintiff has raised a colorable constitutional issue that warrants reopening of claim based upon her mental illness and the arbitrary application of res judicata.